Customs rescinds contract with port yard owner

THE designation of Acquarius Container Yard as the Designated Examination Area of the Bureau of Customs (BOC) has now been revoked by Customs Commissioner Napoleon Morales.

In his order dated March 05, 2010, Morales said that the refusal of ACY owner Rodolfo "Popong" Reta to operate in the morning of February 26, "is an act that the Bureau of Customs cannot countenance."

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The decision showed that the refusal of ACY to operate in the morning of February 26 was a unilateral act of Reta and that the same hampered the Customs officers' performance of their mandated functions.

The terms of the agreement provides: "This agreement shall be for a period of twenty-five years, effective upon signing by both parties unless sooner revoked for cause by any of the parties."

"I believe that just cause exists to revoke this agreement," Morales said in his decision.

The non-operation of ACY last February 26 was reinforced by the affidavit of four Customs examiners who were supposed to be on duty that day.

Moctar S. Amer, Lerrie L. Natividad, Arab C. Sacampong, and Nasif S. Macabato, claimed in their affidavit that on the morning of February 26, at about 10 a.m., they were told by an employee of ACY that the yard "will not entertain any examination today".

Despite the insistence of the four examiners to enter the yard in order to conduct an examination of several container vans, the employees of ACY refused entry.

Morales also hit Reta on the slew of cases and allegations that the ACY owner hurled against the Customs officials here in Davao City. Among others, Reta claimed that the Bureau of Customs has been allowing and coddling the misdeclaration of goods and smuggling at the Port of Davao.

Citing the strained relationship between the bureau and Reta, Morales said that such will only curtail the operations of the port "to the prejudice of the BOC and the government," thus the need to move the examination area of container vans.

Also, Morales added that the allocation of a space by the Philippine Ports Authority inside the Sasa Wharf is a development that deems the designation of ACY as DEA as something unnecessary.

"As such, for all intents and purposes, the reason for the existence of the MOA (memorandum of agreement) has ceased," Morales said.

The rift between the Bureau of Customs and ACY started when the BOC turned down the offer of ACY that all empty container vans be also inspected by them. Instead, BOC installed its own x-ray machines with the intent that the empty container vans be examined inside the port area in order to deter terrorism and illegal drugs.

However, ACY owner Reta threw a slew of allegations against the BOC, which prompted councilors Susabel Reta, in-law of the ACY owner, Danilo Dayanghirang, Nilo Abellera, Samuel Bangoy, Leonardo Avila III, and Pilar Braga to visit the area. (Carlo P. Mallo)